Legislative Matter

Miami-Dade Legislative Item
File Number: 111717

Printable PDF Format

Clerk's Official Copy

File Number: 111717

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-730-11

Control: County Commission

File Name: AMENDMENT TO IO 4-107 RE: CONSUMER SVC FEE SCHEDULE

Introduced: 8/18/2011

Requester: Consumer Services Department

Cost:

Final Action: 9/20/2011

Agenda Date: 9/20/2011

Agenda Item Number: 8C1A

Notes:

TLL- 8/18/2011

Title:

RESOLUTION APPROVING AMENDMENTS TO IMPLEMENTING ORDER 4-107 RELATING TO THE FEE SCHEDULE FOR THE CONSUMER SERVICES DEPARTMENT

Indexes:

NONE

Sponsors:

Barbara J. Jordan, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	9/20/2011	8C1A	Adopted				P
REPORT:	In response to Commissioner Bell’s question, Mr. Mario Goderich, Deputy Director of the Consumer Services Department (CSD), responded the department’s budget reflected 114 employees. In response to Commissioner Bell’s inquiry as to whether existing personnel would be used to implement the proposed resolution, Mr. Goderich advised that the Fiscal Impact Report indicated the enforcement requirements of the proposed resolution would require half the time of CSD’s employees to verify if the pain clinics were properly registered. He advised that an employee scheduled to be laid-off would be assigned to work in the field confirming registrations and documentation for enforcement purposes since the department was experiencing a manpower reduction in FY11/12. Commissioner Bell stated that County departments should take into consideration the fiscal impact of these types of resolutions, and that she preferred implementing the foregoing resolution with existing personnel. Chairman Martinez commended Commissioner Jordan for sponsoring the foregoing resolution, but noted he disagreed with hiring additional employees. Commissioner Jordan commented that the foregoing legislation intended to control the proliferation of pain clinics. There being no other comments from the members of the Board or the administration, the Board proceeded to vote.

Regional Transportation Committee	9/12/2011	3D	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. Commissioner Jordan, sponsor of this resolution, noted this item pertained to a recently approved ordinance which required the registration of Pain Clinics operating within the County; and it amended the Implementing Order (IO) to change the fee schedule to: $120 for the application fee, $1,200 for the Initial and Annual Registration fee, and a late fee. She noted these fees were standard and based on fees currently imposed by the County. Commissioner Moss asked Deputy Mayor Alina Hudak to respond as soon as possible to his memorandum dated August 29, 2011, requesting a list of pain clinics located in Commission District 9. Hearing no further comments or questions, the Committee voted on this resolution as presented. Later in the meeting, after consideration of Agenda Item 3E, Chairman Barreiro asked staff to prepare the appropriate memorandum requesting that Chairman Martinez waive the Board’s rules and allow this proposed resolution to be forwarded for consideration at the September 20, 2011 County Commission meeting. NOTE: Chairman Barreiro submitted a memorandum dated September 16, 2011, requesting the BCC Chairman Martinez waive the Committee rules and procedures and allow the foregoing resolution to be forwarded to the September 20, 2011 BCC meeting for consideration. The waiver request listed above was approved by BCC Chairman Martinez.

County Attorney	8/25/2011		Assigned	Karon M. Coleman	8/30/2011

County Mayor	8/18/2011		Assigned	Lisa Martinez	8/25/2011	8/18/2011

County Mayor	8/18/2011		Assigned	County Attorney	10/4/2011
REPORT:	CONSUMER SVC (ASST. COUNTY ATTY: KAREN COLEMAN) (ATTACHMENT(S): CSD IMPLEMENTING ORDER) (BCC SPONSOR: CMSR JORDAN) (Item requested to be waived to the September 20 BCC)

Legislative Text

TITLE
RESOLUTION APPROVING AMENDMENTS TO IMPLEMENTING ORDER 4-107 RELATING TO THE FEE SCHEDULE FOR THE CONSUMER SERVICES
DEPARTMENT

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board approves the amendments to Implementing Order 4-107 relating to the fee schedule for the Consumer Services Department as set forth in the aforesaid Implementing Order.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Amendment to Implementing Order 4-107: Fee Schedule for the Consumer Services Department adding registration fees for Pain Clinics

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution amending Implementing Order 4-107: Consumer Services Department Fee Schedule to add application fees, registration fees, late fees and registration certificate replacement fees for Pain Clinics.

Scope
The fee schedule is countywide.

Fiscal Impact/Funding Source
The estimated revenue from the proposed registration requirement for pain clinic operators is $122,000 in the first year, and $110,000 thereafter. This is based on a projected 109 initial applicants, with an estimated 93 applicants meeting registration requirements and being approved to register. The expense associated with the ordinance will be supported by these fees.

Track Record/Monitor
The Consumer Services Department (CSD) will administer the County�s Pain Clinic registration regulations.

MANAGER'S BACKGROUND
Background
The proposed ordinance requires the registration of Pain Clinics and Pain Management Clinics as defined by Florida Statutes within 90 days of the effective date. CSD will be required to establish and maintain a registration process, a database of clinics, and enforce the regulations.

Registration will require proof of various federal, state and local licenses; designation of a responsible licensed physician; all physicians associated with the clinic; ownership of other clinics; medical licenses; and background checks to ensure that physicians have not been convicted of, or pled guilty or nolo contendere to various offenses. CSD must make a determination whether or not the applicant meets the registration criteria within 30 days of receipt. If the application is incomplete, the CSD must notify the applicant and provide them with 15 days to correct the application. If the application is denied, the applicant can appeal to the CSD Director or designee within 15 days of such decision. The CSD will conduct a hearing within 20 days and render a decision within 15 days of the hearing.

The ordinance will also establish a temporary moratorium on pain clinics that are not registered with the State of Florida Department of Health as of its effective date. The moratorium expires upon enactment of any new ordinance or resolution addressing complaints (based on Task Force recommendations) or 180 days from the effective date.

The Pain Clinic Task Force will be comprised of one member from each of the following: Miami-Dade County Addiction Services Board; Nuisance Abatement Board; Consumer Services Department; Miami-Dade Police Department; and the Planning and Zoning Department[k1]. The Mayor or designee will provide staffing to support the Task Force. The ordinance will require the Task Force, within 120 days from the effective date to provide recommendations on the following: the effectiveness of state legislation addressing complaints about pain clinics; whether or not the County needs to take further action to address these complaints; and addressing these complaints, if required, through the areas of zoning, regulatory, and enforcement.

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Office of the Mayor